Transfer of land charge to third parties - financial impacts?

  • Erstellt am 2021-04-12 08:57:26

MonaRön

2021-04-12 08:57:26
  • #1
Hello everyone,

I have a quick question:
How does the transfer of a land charge to third parties work? My grandmother wants to bequeath a certain land charge on a property/house to my husband (hence no family relation), because it is not possible for me due to an ongoing insolvency without the insolvency administrator getting involved.

Unfortunately, we cannot find enough information about the effects this action entails, or if it is even possible at all?
Are there any tax pitfalls?

Thank you in advance for your collective knowledge!

Best regards
Mona
 

Grundaus

2021-04-12 09:16:46
  • #2
Once again, so that everyone understands. Who owns the house? Who is currently registered, what will be registered. Money flow?
 

MonaRön

2021-04-12 09:41:25
  • #3
The house belongs to my grandmother, she is registered as the owner and my husband is now to be assigned the aforementioned land charge for the financing. I hope that was informative enough.
 

nordanney

2021-04-12 10:18:08
  • #4
Land charges are not transferred - they are assigned. see above. A land charge is security for financing and is registered 99% in favor of a bank. Owner land charges are uncommon and pointless. No, it was not. A house can be transferred. That is possible - either as a sale or as a gift. What financing is it about at all? That of the grandmother or does your husband need financing? For whom is the land charge registered?
 

MonaRön

2021-04-12 10:30:29
  • #5
The financing is needed by my husband to carry out an extension on the same house we want to move into. The grandmother will move into the extension, as she is no longer able to manage the entire house due to its size. We are expanding, and that is what the financing is intended for.

A gift doesn’t make sense, as there is no kinship (husband vs. grandmother) because of the high tax burden (or?!). And a sale is accordingly also rather uneconomical.
 

MonaRön

2021-04-12 10:31:32
  • #6
The question is: Can my grandmother assign the mortgage to my husband without any disadvantages?
 

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